Agenda and draft minutes

To elect the Chairman of the Council for the year 2019/20.

Councillor L D Taylor nominated Councillor L J Cruwys for election as Chairman of the District Council for the year 2019/2020.  This nomination was seconded by Councillor F W Letch.

Councillor C R Slade nominated Councillor R F Radford for election as Chairman of the District Council for the year 2019/2020.  This nomination was seconded by Councillor E J Berry.

The Chairman then MOVED in accordance with Procedure Rule 19.4:

“THAT the vote in respect of this item shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting for COUNCILLOR L J CRUWYS: Councillors: Mrs E M Andrews, G Barnell, W Burke, J Cairney, S J Clist, L J Cruwys, R M Deed, R J Dolley, J M Downes, Mrs I Hill, B Holdman, D J Knowles, F W Letch, D F Pugsley, L D Taylor, B G J Warren, A White, A Wilce, Mrs N Woollatt, J Wright and A Wyer.

Those voting for COUNCILLOR R F RADFORD: Councillors: E J Berry, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, C J Eginton, R B Evans, Mrs S Griggs, T G Hughes, B A Moore, S J Penny, R F Radford, C R Slade, Mrs M E Squires, and R L Stanley.

Those abstaining:  Councillor Miss J Norton.

It was then:-

RESOLVED that Councillor L J Cruwys be elected Chairman of the Mid Devon District Council for the Municipal Year 2019/2020

In accordance with Section 83 of the Local Government Act 1972, Councillor L J Cruwys then made a Declaration of Acceptance of Office.

The Chairman thanked the retiring Chairman, Mr P J Heal for the way in which he had carried out the duties of his position and presented a past Chairman’s badge.  The retiring Chairman thanked the Council.

The Chairman addressed the Council and thanked the Members for electing him as Chairman.

To receive any apologies for absence.

Apologies were received from Councillors: E G Luxton and Miss E Wainwright

To receive any questions relating to items on the agenda from members of the public and replies thereto.

There were no questions from members of the public present.

Members to consider whether to approve the minutes as a correct record of the meeting held on 24 April 2019.

The Council is reminded that only those Members present at the previous meeting should vote and, in doing so, should be influenced only by seeking to ensure that the minutes are an accurate record.

The Minutes of the Meeting of the Council held on 24 April 2019 were approved as a correct record and SIGNED by the Chairman.

To elect the Vice Chairman of the Council for the year 2019/20.

Councillor R M Deed MOVED, seconded by Councillor C R Slade:-

“That Councillor R F Radford be elected as Vice Chairman of the Council for the Municipal Year 2019/2020”.

Upon a vote being taken it was then:

RESOLVED that Councillor R F Radford be election Vice Chairman of Mid Devon District Council for the Municipal Year 2019/2020

In accordance with Section 83 of the Local Government Act, 1972, Councillor R F Radford then made a Declaration of Acceptance of Office and thanked the Council for having elected him as its Vice Chairman.

To elect the Leader of the Council for a period of 4 years.

Councillor R L Stanley nominated Councillor R B Evans for election as Leader of the Council for the four years until 2023.  This nomination was seconded by Councillor B A Moore.

Councillor Mrs N Woollatt nominated Councillor R M Deed for election as Leader of the Council for the four years until 2023.  This nomination was seconded by Councillor D J Knowles.

Both nominees addressed the Council.

The Chairman then MOVED in accordance with Procedure Rule 19.4:

“THAT the vote in respect of this item shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting for COUNCILLOR R B EVANS: Councillors: E J Berry, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, C J Eginton, R B Evans, Mrs S Griggs, T G Hughes, B A Moore, S J Penny, R F Radford, C R Slade, Mrs M E Squires, and R L Stanley.

Those voting for COUNCILLOR R M DEED: Councillors: Mrs E M Andrews, G Barnell, W Burke, J Cairney, S J Clist, L J Cruwys, R M Deed, R J Dolley, J M Downes, Mrs I Hill, B Holdman, D J Knowles, F W Letch, Miss J Norton, D F Pugsley, L D Taylor, B G J Warren, A White, A Wilce, Mrs N Woollatt, J Wright and A Wyer.

It was then:-

RESOLVED that Councillor R M Deed be elected Leader of the Council until 2023.

Councillor R M Deed then made a Declaration of Acceptance of Office and thanked the Council for appointing him as Leader.

To elect the Chairman of the Scrutiny Committee for 2019/20.

Councillor B A Moore nominated Councillor R B Evans for election as Chairman of the Scrutiny Committee. The nomination was seconded by Councillor T G Hughes.

Councillor L D Taylor nominated Councillor F W Letch for election as Chairman of the Scrutiny Committee. The nomination was seconded by Councillor J M Downes.

The Chairman then MOVED in accordance with Procedure Rule 19.4:

“THAT the vote in respect of this item shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting for COUNCILLOR R B EVANS: Councillors: E J Berry, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, C J Eginton, R B Evans, Mrs S Griggs, T G Hughes, B A Moore, S J Penny, R F Radford, C R Slade, Mrs M E Squires, and R L Stanley.

Those voting for COUNCILLOR F W LETCH: Councillors: Mrs E M Andrews, G Barnell, W Burke, J Cairney, S J Clist, L J Cruwys, R M Deed, R J Dolley, J M Downes, Mrs I Hill, B Holdman, D J Knowles, F W Letch, Miss J Norton, D F Pugsley, L D Taylor, B G J Warren, A White, A Wilce, Mrs N Woollatt, J Wright and A Wyer.

It was then:-

RESOLVED that Councillor F W Letch be elected Chairman of the Scrutiny Committee for the Municipal Year 2019/2020.

Allocation to follow.

It is recommended:

(a)     that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule;

(b)     that Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats  in (a) above;

(c)     that Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified  to the  Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(d)     that the Chief Executive be authorised to make changes to membership of Committees, Working Groups and other Internal Bodies as may be notified to him from time to time by the relevant Political Group to which those seats have been allocated by the Council;

The Council had before it Tables setting out the proposed allocation of seats on Committees and other Council bodies.

Arising thereon:-

Appointment of Committees and Allocation of Seats on Committees and other Council Bodies

The Chairman MOVED THAT,

(a)          the Tables be approved with regard to the allocation of seats on Committees and other bodies;

Councillor Mrs N Woollatt then put forward an Amendment seconded by Councillor A Wilce:

Section 15(4) and (5) Local Government and Housing Act 1989? provides for the following principles to apply to the appointment of seats to on committees and sub-committees. Broadly, the allocations should be in politically balanced as far as reasonably practicable:-

(a) All the seats on a committee/sub-committee or a joint body must not be allocated to the same political group.

(b) Any political group which has a majority on the full Council must be allocated the majority of seats on each committee, sub-committee and relevant joint body.

(c) Subject to the two principles in (a) and (b) above the number of seats, in total, for all the ordinary committees allocated to each political group must bear the same proportion to each group's proportion on the full Council.

(d) Subject to the three principles in (a) to (c) above, the number of seats on each committee, sub-committee and relevant joint body must be allocated to each political group in proportion to the political group's membership of the Council.”

I am concerned that the rounding on the political balance figures for the total committee seats has been rounded in a way that has resulted in the loss of 1 committee seats for the Greens and a gain of 1 committee seat for the Conservatives. In the interests of fairness and a wish to see this council as a whole politically balanced I suggest the following:

Amendment to 8 (a)

That the Council approve the allocation of seats on Committees and other Council Bodies as shown on the attached document headed 'Corrected Calculation of Committee Seat Allocations May 2019' (see attached) with the Conservative Group to subsequently agree which seat they would like to lose to the Greens.

The Chairman MOVED to suspend Procedure Rule 16(b) of the Council Procedure Rules to allow the Amendment to be heard:  Procedure Rule 16 (b) requires that: (in the case of an Amendment (other than an Amendment moved in accordance with Rule 15), notice in writing of the Amendment shall have been delivered to the office of the Chief Executive of the District Council by no later than 9.30am on the day before the day of the meeting and a copy of it shall be circulated to each Member of the District Council by the Chief Executive at the commencement of the meeting at which it is to be discussed).

Following discussion and further amendment the final wording of the Amendment moved was “that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the attached document headed  ...  view the full minutes text for item 10.

To consider the list of appointments to outside bodies and seek representatives to the positions available.

The Chairman MOVED,

“THAT Members be appointed to outside bodies in accordance with the list circulated”

Upon a vote being taken the MOTION was declared to have been CARRIED and the following appointments APPROVED.          

          Outside Body Appointments 2019/20

To agree the existing scheme of delegations as set out in Part 3 of the Constitution. (The Scheme of Delegation sets out the levels of decision making within the Council, outlining those to be made by Council, the Cabinet, individual Cabinet Members, those Committees with regulatory functions and officers).

The Chairman MOVED:-

“THAT the Council agree the existing scheme of delegations as set out in Part 3 of the Constitution.

Upon a vote being taken the MOTION was declared to have been CARRIED.

To approve the programme of ordinary meetings of the Council for the year 2019/20:

24 July 2019

11 September 2019

6 November 2019

8 January 2020

26 February 2020

29 April 2020

The Chairman MOVED:-

THATthe following programme of ordinary meetings of the Council for the year 2019/20 be approved:-

24 July 2019, 11 September 2019, 6 November 21019, 8 January 2020, 26 February 2020, 29 April 2020.

Upon a vote being taken the MOTION was declared to have been CARRIED.